San Francisco Uncontested Divorce Attorneys

Compassionate Legal Guidance for the Bay Area

Divorce can be a stressful and exhausting process. However, if you and your spouse are willing to work together, an uncontested divorce may be the best option for you. An uncontested divorce is one in which you and your spouse can agree on the terms of your divorce without going to court. While this is not possible for every couple, it is generally recommended when it can be achieved, as it is typically faster, less expensive, and less contentious.

Contact our San Francisco uncontested divorce lawyers at (415) 539-0422 to learn more about our services.

What Is an Uncontested Divorce in California?

California is a no-fault divorce state, meaning that you do not have to prove that your spouse did anything wrong in order to file for divorce. You can simply cite “irreconcilable differences” as the reason for your divorce. Even if you and your spouse agree on the terms of your divorce, you will still need to file a Petition for Dissolution of Marriage, which is the document that officially initiates the divorce process in California.

While an uncontested divorce is usually a simpler, faster, and less expensive process than a contested divorce, it is still important to have an experienced attorney on your side. At Van Voorhis & Sosna LLP, we will work with you to ensure that all necessary documents are filed correctly and on time. We will also help you negotiate a fair settlement that meets your needs and those of your children. If you are considering an uncontested divorce, our attorneys can help you determine if it is the right choice for you and guide you through the process.

What Are the Requirements for an Uncontested Divorce in California?

One of the primary requirements for an uncontested divorce in California is that you and your spouse agree on all relevant issues. If you cannot agree on any of the following, you will likely need to proceed with a contested divorce:

• Child custody and visitation
• Child support
• Spousal support
• Property division

However, you can still have an uncontested divorce if you and your spouse agree on some but not all of these issues. For example, you may agree on child custody and visitation but not on child support. An experienced attorney can help you navigate these issues and work towards an agreement that is fair to you and your children.

Additionally, if you and your spouse have children under the age of 18, you will be required to attend a parenting class before your divorce can be finalized. The class is intended to help parents understand how divorce affects children and how to help their children adjust to the changes. The court may also require you and your spouse to attend mediation to help you work out a parenting plan.

How Long Does an Uncontested Divorce Take in California?

The length of time it takes to complete an uncontested divorce in California will largely depend on how quickly you and your spouse can agree on the necessary issues. In some cases, this can be done in a matter of weeks. However, it is not uncommon for an uncontested divorce to take several months. Even though an uncontested divorce is generally a faster process than a contested divorce, it is important to be patient and not rush through the process. You should take the time to thoroughly review all proposed agreements and ensure that they are fair to you and your children.

Once you and your spouse have reached an agreement, you will need to file the appropriate paperwork with the court. It is important to ensure that all documents are filled out correctly and accurately, as errors or omissions can cause delays in the process. At Van Voorhis & Sosna LLP, we have extensive experience handling uncontested divorces in San Francisco and throughout the Bay Area. We can help you prepare and file all necessary documents and ensure that everything is done correctly and on time.

What Are the Steps for Getting an Uncontested Divorce in California?

While the specific steps for getting an uncontested divorce will depend on your specific circumstances, the following is a general overview of the process:

1. File a Petition for Dissolution of Marriage: The first step to getting an uncontested divorce in California is to file a Petition for Dissolution of Marriage. This is the document that officially initiates the divorce process. You will need to file the petition with the court in the county where you or your spouse reside. California law requires that you or your spouse has lived in the state for at least six months and in the county where you plan to file for at least three months. If you have children, you will also need to file a Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act.
2. Prepare and Serve the Appropriate Documents: After you have filed the petition, you will need to prepare and serve the appropriate documents on your spouse. The specific documents you will need to prepare and serve will depend on your specific circumstances. However, you will likely need to serve your spouse with a Summons and a Petition for Dissolution of Marriage. You may also need to serve your spouse with a Preliminary Declaration of Disclosure, which is a document that discloses your income, expenses, assets, and debts. You can serve the documents by mail or in person. However, if you serve the documents by mail, you will need to have someone over the age of 18 who is not a party to the case mail them for you.
3. Wait for Your Spouse to Respond: After you have served your spouse with the appropriate documents, you will need to wait for your spouse to respond. Your spouse will have 30 days to respond if he or she is located in California and 60 days to respond if he or she is located outside of California. If your spouse fails to respond within the appropriate time period, you can request a default judgment, which is a judgment that is entered in your favor because your spouse failed to respond. If your spouse has filed a Response and you and your spouse are in agreement, you can proceed with an uncontested divorce.
4. Prepare a Settlement Agreement: If you and your spouse are in agreement on all relevant issues, you will need to prepare a settlement agreement. The settlement agreement is a written document that sets forth the terms of your divorce. It typically addresses child custody and visitation, child support, spousal support, and property division. You will need to include all relevant provisions in the settlement agreement, as you will not be able to modify the agreement after it is finalized. An experienced attorney can help you prepare a settlement agreement that is fair to you and your children.
5. Prepare the Appropriate Judgment Forms: After you have prepared the settlement agreement, you will need to prepare the appropriate judgment forms. The specific forms you will need to prepare will depend on your specific circumstances. However, you will likely need to prepare a Judgment of Dissolution of Marriage and a Notice of Entry of Judgment. You will need to file the judgment forms with the court and serve your spouse with a copy of the forms.
6. Wait for the Court to Finalize Your Divorce: After you have filed the judgment forms with the court and served your spouse with a copy of the forms, you will need to wait for the court to finalize your divorce. The court will typically review the forms to ensure that everything is in order. If the court approves the forms, it will enter a judgment that dissolves your marriage. The court will also approve the settlement agreement, which makes it a legally enforceable contract. Once the court has finalized your divorce, you will be legally divorced.

It is important to note that you and your spouse can agree to handle certain issues on a temporary basis while you are waiting for your divorce to be finalized. For example, you can agree to a temporary child custody and visitation schedule. You can also agree to temporary spousal support and child support. If you and your spouse are unable to agree on these issues, the court will make a temporary order.

If you and your spouse are unable to agree on the necessary issues, you will need to proceed with a contested divorce. A contested divorce is a longer, more expensive, and more contentious process than an uncontested divorce. However, it is sometimes necessary if you and your spouse are unable to reach an agreement. An experienced attorney can help you navigate the contested divorce process and fight for your rights.

How Can a San Francisco Uncontested Divorce Attorney Help?

An uncontested divorce can be a faster, less expensive, and less contentious process than a contested divorce. However, it is still important to have an experienced attorney on your side. Even if you and your spouse are in complete agreement, an attorney can help you understand the legal implications of any proposed agreements and ensure that you are not agreeing to something that may not be in your best interests. An attorney can also help you ensure that all necessary documents are filed correctly and on time and that your rights are protected throughout the process.

At Van Voorhis & Sosna LLP, we are dedicated to helping our clients achieve the best possible results in their uncontested divorces. We will work with you to ensure that all proposed agreements are fair to you and your children and that your rights are protected. We will also handle all necessary paperwork and work to ensure that everything is done correctly and on time. If you are considering an uncontested divorce, we can help you understand your legal options and guide you through the process.

Van Voorhis & Sosna LLP can help you file for an uncontested divorce. Contact us online or call (415) 539-0422 to schedule a consultation with our team.